Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011 Page: 3,570
3555-3666 p. ; 28 cm.View a full description of this periodical.
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H-10 to require that injected fluids be reported as a percentage
of total liquid/gas injected during the cycle year. The percent-
age reported must be rounded off to whole numbers and all fluid
injected must total to a combined 100%. The percentage of an-
thropogenic carbon dioxide will be a subset of the overall carbon
dioxide volume.
In addition, the Commission proposes to amend the instructions
on the back of Form H-10 to provide the Internet address for fil-
ing Form H-10 electronically; to inform operators that the Com-
mission ceased mailing pre-printed forms in April of 2011; and
to provide the Internet address from which a blank Form H-10
may be printed for those persons preferring to file on paper. The
Commission now mails a listing of Form H-10 filings that are due.
Amended Form P-3, Authority to Transport Recovered Load or
Frac Oil
The Commission proposes to amend Form P-3, Authority to
Transport Recovered Load or Frac Oil, to add an advisory that
the use of diesel fuel for hydraulic fracturing may be subject
to the federal Safe Drinking Water Act since 2005, and that
a permit for the hydraulic fracturing activity may be required
under the underground injection control program. In Section
322 of the Energy Policy Act of 2005, Congress amended the
Underground Injection Control (UIC) portion of the federal Safe
Drinking Water Act (42 USC 300h(d)) to define "underground
injection" to exclude " .. .the underground injection of fluids or
propping agents (other than diesel fuels) pursuant to hydraulic
fracturing operations related to oil, gas, or geothermal produc-
tion activities" (emphasis added). Most operators in Texas do
not use diesel fuel in hydraulic fracturing fluids. However, in
light of reports that diesel fuel has been used in a few instances
across the nation in the past few years, the Commission finds it
prudent to issue this notice to Texas operators. Therefore, an
operator must submit a written request to the Commission's Oil
and Gas Division if diesel fuel is used in hydraulic fracturing.
Amended Form P-5, Organization Report
The Commission proposes to amend Form P-5, Organizational
Report, to conform to changes in Commission rules that have oc-
curred following the adoption of the current form in 1987. The re-
vised form provides spaces for the operator to provide an emer-
gency (after hours) phone number as required by 3.1 of this
title (relating to Organization Report; Retention of Records; No-
tice Requirements), also called Statewide Rule 1. The revised
form also provides for an organizational phone number separate
from that of the person executing the form. The Commission has
removed officer information from Form P-5 (and is proposing to
relocate that information to proposed new Form P-50 as a re-
quired attachment) to clarify the requirement in Statewide Rule
1 that operators must list all controlling entities. Finally, the re-
vised form includes a space for an optional email address for the
person executing the form to aid in communication.
New Form P-5A, Organization Report Non-Employee Agent List-
ing
The Commission proposes new Form P-5A, Organization Report
Non-Employee Agent Listing, as an optional attachment to Form
P-5, Organization Report, or, alternatively, as a stand-alone fil-
ing. Statewide Rule 1 specifies that an organization must in-
clude with its Form P-5 filing, "the name of any non-employee
agent that the organization authorizes to act for the organization
in signing Oil and Gas Division certificates of compliance which
initially designate the operator or change the designation of theoperator." Form P-5A provides organizations a vehicle for mak-
ing that designation.
New Form P-50, Organization Report Officer Listing
The Commission proposes new Form P-50, Organization Re-
port Officer Listing, as a required attachment to Form P-5. Form
P-50 provides filers with blanks to provide information on the fil-
ing organization's controlling entities as required by Statewide
Rule 1. This form will provide the three spaces that previously
have been provided on Form P-5 (concurrently proposed for re-
vision) and on Form P-5S, Supplemental Officer Listing (concur-
rently proposed to be deleted).
New Form PSA-12, Production Sharing Agreement Code Sheet
The Commission proposes new Form PSA-12, Production Shar-
ing Agreement Code Sheet, on which an operator can provide
data electronically or by hard copy in support of an application
for a well on a tract covered by a production sharing agree-
ment. The operator must provide the name and total acreage in
each lease and pooled unit participating in the production shar-
ing agreement; a list of all completed and permitted wells within
each participating lease or unit; a list of all other PSA wells using
any acreage from the lease/units contributing to the applied-for
PSA well; and a list of the acreage assigned to each completed
or permitted well using acreage from each of the component
lease/units.
New Forms W-3C, Certification of Surface Equipment Removal
for an Inactive Well, and W-3X, Application for Extension of
Deadline for Plugging an Inactive Well
The Commission proposes two new forms: Form W-3C, Certifi-
cation of Surface Equipment Removal for an Inactive Well, and
Form W-3X, Application for Extension of Deadline for Plugging
an Inactive Well. The Commission proposes these new forms to
comply with the changes enacted in House Bill (HB) 2259 (81st
Legislature, Regular Session, 2009), relating to the plugging of
certain inactive oil or gas wells and to standards for electrical
power lines serving certain oil and gas facilities.
HB 2259, effective September 1, 2010, established new require-
ments for oil and gas operators related to surface equipment
removal and inactive wells by amending the Texas Natural
Resources Code to address two issues related to inactive land
wells: the dangers posed by live electrical lines connected to
inactive wells and the increased costs to plug inactive wells. HB
2259 applies only to land wells, not to bay and offshore wells.
The Commission adopted amendments to 3.1, 3.14, 3.21, and
3.78 of this title (relating to Organization Report; Retention of
Records; Notice Requirements; Plugging; Fire Prevention and
Swabbing; and Fees and Financial Security Requirements), also
called Statewide Rules 1, 14, 21 and 78, to add the new statu-
tory requirements, and adopted new 3.15 of this title (relating to
Surface Equipment Removal Requirements and Inactive Wells),
also called Statewide Rule 15, to add the surface equipment re-
moval and inactive well requirements set out by HB 2259. (The
previous version of 3.15 was repealed and its requirements
relating to surface casing to be left in place were incorporated
into 3.14.) The amendments and new rule became effective
September 13, 2010. Under new Statewide Rule 15, each op-
erator annually must address its complete inventory of inactive
wells to obtain approval of its annual organization report (Form
P-5). Statewide Rule 15 also provides for an exception to the
surface cleanup requirements based on issues related to safety
or required maintenance of the wellsite.36 TexReg 3570 June 10, 2011
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Texas. Secretary of State. Texas Register, Volume 36, Number 23, Pages 3555-3666, June 10, 2011, periodical, June 10, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176623/m1/14/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.